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Madras High CourtWP(MD)/21382/2017disposed of

R.Sundaram, S/O.Ramaiah, v. The District Collector,

2018-10-12Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.21382 of 2017 R.Sundaram ... Petitioner -vs1.The District Collector, 2.The District Revenue Officer, Pudukkottai.

3.The Revenue Divisional Officer, Illuppur, 4.The Tahsildar, Ponnamaravathi Taluk, 5.The Commissioner/Special Officer, Keezhathaniyam Village Panchayat, Ponnamaravathi Panchayat Union, 6.K.Chinnadurai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus, directing the respondents 1 to 5 herein to remove the encroachment made by the 6th respondent in S.No.299/3 situate at Keezhathaniyam Village, Ponnamaravathi Taluk for an extent of 0.05.0 Ares by implementing the proceedings of the 4th respondent dated 06.09.2001 in Na.Ka.Aa1/8/2001 by considering the representation of the petitioner dated 21.06.2017.

For Petitioner :

Mr.J.Anandkumar For Respondents 1 to 5 :

Mr. A.K.Baskara Pandian Special Government Pleader For 6th Respondent :

Mr.Babu Rajendran

O R D E R

(Order of the Court was made by M.M.SUNDRESH, J.) This Writ Petition has been filed by the petitioner, seeking a direction to the respondents 1 to 5 herein to remove the encroachment made by the 6th respondent in S.No.299/3 situate at Keezhathaniyam Village, Ponnamaravathi Taluk for an extent of 0.05.0 Ares by implementing the proceedings of the 4th respondent dated 06.09.2001 in Na.Ka.Aa1/8/2001 by considering the representation of the petitioner dated 21.06.2017. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5. The learned counsel appearing for the 6th respondent reports no instruction.

3.Counter affidavit has been filed by the 6th respondent. From the same, it is clear that there is an encroachment made by the respondent No.6. In such view of the matter, we direct respondent Nos.4 and 5 to take appropriate steps to remove the encroachment by following due process of law.

4.This Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-I) To 1.The District Collector, 2.The District Revenue Officer, Pudukkottai.

3.The Revenue Divisional Officer, Illuppur, 4.The Tahsildar, Ponnamaravathi Taluk,

5.The Commissioner/Special Officer, Keezhathaniyam Village Panchayat, Ponnamaravathi Panchayat Union, + 1 CC TO Mr.J.ANANDKUMAR, ADVOCATE IN SR No. 90554 + 1 CC TO Mr.BABU RAJENDRAN, ADVOCATE IN SR No. 90460 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 90860 SJ TE/SV/SAR-1 : 02/11/2018 : 3P/9C W.P.(MD) No.21382 of 2017 12.10.2018